Showing : 1-10 of 130 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of injunction order - Suit property sold by Power of attorney during pendency of suit - Power of Attorney holder was not having knowledge of order of Court and act done by him was in good faith - He has also assured after getting knowledge of order that no further sale of any part of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Adverse possession-- Claim based on adverse possession cannot be raised by plaintiff - It is merely a defence which can be used as a shield by defendant - Suit filed by plaintiff on the basis of adverse possession is not maintainable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so,..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14-- Limitation - Exclusion of time - Provision of S.14 of the Act has no application in a case where suit is dismissed after adjudication on merits and not because Court was unable to entertain it due to lack of jurisdiction...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14-- Limitation - Exclusion of time - Earlier suit filed in a Court competent to entertain it and decide the same on merits - Plaintiff not entitled to get benefit of S.14 of Limitation Act...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 65-- Suit for possession - Limitation - Accrual of cause of action - Period of limitation commenced when defendant filed written statement in the earlier suit denying title of plaintiff...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Earlier petition for divorce dismissed - Second petition on the basis of subsequent facts - Subsequent to judgment in the earlier petition wife filed a false complaint against husband in his department - Husband was suspended and subjected to departmental inquiry - Wife also filed false..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Suit for specific performance - Time essence of contract - When plaintiff pleads that time was not of essence and defendant does not deny it by evidence, Court is bound to accept the plea of plaintiff. (Contract Act, 1872, S.55)..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Suit for specific performance - Time essence of contract - It is a question of fact and real test is intention of parties - It depends upon facts and circumstance of each case - Intention can be ascertained from: (i) express words used in contract; (ii) nature of property which forms the..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for specific performance - Whether time is essence of contract of sale is a question of fact and can be addressed by trial Court after parties lead evidence - Such question cannot be dealt with in an application U.O.7.R.11(d) CPC - Application rightly rejected...........

Showing : 1-10 of 130 Results